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2017 (10) TMI 1467 - AT - Income TaxClaim about rate of taxes - assessee had objected to the rate of tax applicable to domestic companies and co-operative banks were also applicable to it in accordance with the provisions of Article-26 (non discrimination) of Indo French Tax Treaty - HELD THAT:- As decided in own case Reference was made to non-discrimination clause in the Treaty, as per which there should not be any discrimination between the domestic and the non-resident company. The Tribunal, however, referred to the Explanation in the Section 90, inserted in the IT Act with retrospective effect from 01-04- 1962 as per which the higher tax rate in case of foreign company, should not be regarded as violation of non-discrimination clause. The Tribunal also referred to the judgment of the Hon’ble Supreme Court in the case of ACIT Vs. J.K. Synthetics [2001 (2) TMI 17 - SUPREME COURT] . The Tribunal accordingly, rejected the ground raised by the assessee. The facts in the present appeal are identical and, therefore, respectfully following the decision of the Tribunal in the case of M/s BNP Paribas [2014 (7) TMI 1305 - ITAT MUMBAI] we dismiss this ground raised by the assessee. Payment made by India Branch to Overseas Branch / HO - data processing fees paid by Indian Branch office of the assessee to its Singapore branch under Article-13 of the India France tax Treaty - HELD THAT:- As decided in [2016 (3) TMI 1355 - ITAT MUMBAI] as held since the issue under consideration is covered not only by the order of the Tribunal in assessee’s own case for the AY 2001-02 to 2003-04 but also by the order of the ITAT’s Special Bench in the case of Sumitomo Mitsui Banking Corporation [2012 (4) TMI 80 - ITAT MUMBAI] we hold that the department was not justified in subjecting to tax the interest paid by the Indian Branch of the assessee to its head office and overseas branches applying the provisions of Article 12 of India-France Tax Treaty.
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